Section 11. lvarriages may be solemnized in India

13y whom to be solemnized. _1st 11. lvarriages may be solemnized in India- 13y whom to be solemnized. 1st.-By any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies, and customs, of the Church of which such person is a Minister. 2nd.-By any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies, and customs, of the Church of Scotland. 3rd.-By, or in the presence of, a Marriage Registrar under the provisions of the Statute 14 and 15 Vic., cap. 40, or of Act V of 1852 ('010 yivkg efect to the provisions of `m` Act of Pa13limzetzt passed in tlze 15th year of the reign of IZer presegzt Hajesty entituled an Act for nzaq*riuges in Azclia) of the Governor-General of India in Council. 4th.-By AC'T KO. -XSV or 1864, 4th.--By ally Minister of Religion, -\vho, ulicler the provisiolis of this Act, ' has obtained a license to solellznize marriages. , 13y whom to be solemnized. _1st 5th.-By any persoil who, wit11 respect to marriages between Xative Christiaas, sliall have received ulldcr tlze pyo~~isioizs of Part V of this ,4ct, a liceilse to grant certificates of marriage. 111. From ancl after the first ciamy of July 1864, the cleclaratioil and 1)eclilration and certificate no lonqcr certificate required by the Stat~tt: 58, Geo. 111, rcquii.ec1, cap. 84, and Act XXIV of 1860 b r ~ ~ the solenzqziaatio~z of ,Mcc~riccgles i?z Jndic~ by oxlailzed ~7fi1zisicrs of the C1zzcsaclz `of` scot la:^ d ) of the Governor-General of Inclja iiz Council, shall be no longer required. IV. Froin aildl after the first day of July 1864 the Governor-General of l,icclises to solemi~ize marriage by India in Co-~ulcil, the G o ~ e ~ n o r s of Nadras a~id W ~ O I I I to be granted. Bombay in Council, and the ~ieutenant-(:over~~ors of Bengal, the North-MTestern Provinces, and tlie Runjab, shall ham authority to grant licelises to Ministers of Iteligion, to solcnlnize ma'rriages ~vithin the territories s-~113ject to such Governor-General, Goveriiors, a i d LieutenantGOJ-ernors respectively. V.-Prom and a,fter the first day of July 1864, all niarriages solenlnized in India otherwise than ia accordaizce with tlie accorcling to this 31,lrriages sole~linized other\~isc tllnii ~ ct o t be void. provisions of $cctioiis I E L ~ I C ~ 11 of this Act, shall be iznll and void. 13y whom to be solemnized. _1st VI. All marriages sole?niiizeil in T~iclia before tlze first clay of July 1864 31al%lia~~q already solelnnized by by persous ~$110 havc not receiwd episcopal ordirertnin ~ersous to be deemed valid aation, oy ~ 1 1 0 have iiot other~sise recei~recl express authority to solemnize sucll marriages uilcler Acts of Farliarne112; or Acts of tlie Governor-General o F I~~clia in Council, if not otherwise invalicl, shall be deenzed valicl to all intents and 1)nrposes. As to' tlze nzocie of soZenz7~izi.i21~ -Wc~z~~*iages z~zcZe~* this Act, VII. I n every case of iiltenclccl iilarriage Isetweeii persous, one or both 12'otice of intellded lna,,,,in8c to of ~37110111 sshdl be a person or persolls professing wlto111 t o be given. For111 of lioticc. . the Cl,l,istialz I<eligion, otllerTYise tllall- Id-Cnclcr the pro-\iisions of bhc Statntc It aiicl 15 Tic., cap. 4,0, or of tll:. h a i d Act V of `15S2` of the Go1 ernor-General of 1ncli;l in Couilcil : or 9qi(l.--By `4:` 5 ACT XG. XSV OF 1864. 21!rl.--By a Clergyman of tlie Cllurcll of Xngland according to tllc rites, rules, ceremonies, and custon~s, of that Cliurcli : or 3rd.-By a Clergyman of the Church of Scotland accorcling to the rites, rules, ceremonies, ancl customs, of tliat Church : or L4?.f?:.-B-j a 1,ersoii nillo 11%~ received a license to grant certificat.es of marriage between Native Cllrist,iitiis ~mcler the provisio~is of part V of t,his Act-- 13y whom to be solemnized. _1st One of the parties slrall give ~ l o ~ i c e in writing accorcling to tlie form prescribecl by tlle Schedule (A) to this Act annexed or to the like effect, to the BIiiiister of'Religion whom he shall desire to solemnize the said marria,ge, ancl s i d l state t,hsreiii the ilslne or names, and the professioii or conclitioii, of enc!l of the parties inteiidilzg marriage, the dwelling place of each of them, and the time (not being less than four clays) during ~vliich eacli has dwelt they?, and the Church, Chapel, or otlier place of, or generally used for, public ~vorshjp, or the private d~velling i11 wllich tlie marriage is to be solemnized. 13y whom to be solemnized. _1st Provided tl~at if either party shall have clwelt in l'roviso. the place sta,tecl i11 the notice during more than one ea.ielidar month, it izzay be stated therein, that he or she has dwelt there one 11101itli and upwards. Provicled also that at any place or Station where there is a Cliurcli or Chapel, or other building generally used for pul3lic ~vorsllip, no Clergyman of the Cllurcli of England sliall solemnize a marriage in a pri7;ate dmrelliag or i11 any place except i11 sucli Church or Cliapel, or other building genera,lly used for public worship, unless he has ~ c e i v e d a special license authorizing him to do so from and under the llancl and seal of tlie ~isliop of tlie Tliocese, or from the Coinniissary of such Bishop. For such special licence the Eegistrar of tlle Diocese shall be entitled to charge sucli aclditioiial fee as the Bishop of the Diocese niay sanction. 13y whom to be solemnized. _1st VIII. The Jtinistcr of Religion t,o ~vhoin such notice shall have beell delivereci, if he sliall be entitled to officiate in the P111~lic:ltiu;l of s ~ ~ c l l notice. Church, Cllapel, or place of, or generally used for, pul~lic morsliip i11 ~vhich it is intendecl to sole~nniee the said marriage, sliall publish every notice of marriage ~.eccivcd by him, by causing tho same to be pnblislied aiici affixed in some coilsyicuous :part of the said Ch~~rcli, Chapel, or place of, or generally usecl for, public worship in ~vliich ib is iiitelided that the said iliarriage shall be solelmlized. If such Minister of Religion shall not be entitled to oiliciate as a Minister in s ~ ~ c l i Church, Chapel, or place of, "he -4CT No. XXV OF 1864. or geilernlly used for, public worship, he shall at his option either return the said notice to theprson delivering tlie same to him, or shall deliver tlie same to some other 79Iil1ister entitled to officiate in such place of worship, who shall thereupon cmse the same to be so published and affixed in the said Cliurch, Chapel, or place of, or generally used for, public worship. IX. If it, be intended that the marriage shall be solemnized not in `a,` Church, Chapel, or otlier place of, or generally Notice of intended ~narriage in private dwe!ling. used for, public worship, but in a private dwelling, the Ninister of Religion receiving the notice pre- 13y whom to be solemnized. _1st scribed in Section VIH shall forward it to the Marriage Registrar of the District who shall affix tlie same to some conspicuous place in his own Office. X. TYlien one of the parties intending marriage (not bcing a widow or widower) is uncler twenty-one years of age, every intendillS Notice xhen one of the parties nla,rriage is ullder Ninister as aforesaid who shall receive such notice, years of age. and who shall not forthwith return such notice to the party delivering the same under Section VIHI shall, within twenty-four hours after the receipt by him thereof, send or cause to be sent by the Post, or otherwise, a copy of such ildtice to the Marriage Registrar of t l ~ e District. XI. The Marriage Registrar of the District on receiving any such notice shall affix the same to some conspicuous Publication of such notice. place in his own Office. XII. If there be more Marriage Registrars than one in any District, the ~ppoilltme:~t of Senior itIarriage[local Government shall appoint one of such Reg- ] R egistrzr. istrars to be Senior Marriage Registrar, and such notice as aforesaid shall .be sent to such senior Marriage Begistray, wlio on receiving the same, shall, besides affixing it in the manner laid down i11 tlie last preceding Section, send or cause to be sent a copy of such notice to all other Marriage Registrars in the same District, who shall likewise affix the same in their own Offices or Churches, Chapels, or places or worship as aforesaid. 13y whom to be solemnized. _1st XIII. Any Minister of Religion who shall consent or intend to solemnIssue of certificate of notice given[ize any such marriage as aforesaid, on being re ] an& declaration made. quired so to do by or on behalf of the party by w11ovl1 tlie notice was given, ancl upon one of the parties intending marriage AC'I' No. .XX:V OF 1SG4!. Q making si~cli cleclaratioil as is hereilmfcer reqnlrecl, s'lial! issue fincler his hand a ccrtiiicate of such notice having bceir given and of such Ccc!ar:~tioii liaving Proviso. been made. Proviclcd no lamfi~l ir.;lpcc!imcnt nccor;liii~ io tlic law of Zilgland be sho~rii l o tho satisfacLi~?n of S L ~ C ~ 3Iinistcr i ~ l l ~ sucli certificate slioulc~ not issue, and the issue of such certificate shall npt hm-c bserl soonci. fo~biddcn in lilt iiianrier hereinafter mentioned, 113' anr ~ C Y S G G " authorized in '&at hehalf. X I 'S4%en by such declaration it appear:;, or n-hcn it i s ot!icrwisc kiiomll to such Ninister of Religioii, tllnt one of the Ccrtificxtz in eertai~l o;taes not to isalic iultil fo'o:lrtcen d;\ys after ~eceiljt tlic pnr?:ies .in%encling n~a,ri.ia.gc, noi; heing a vlricio\ver of notice. I 01: widow, is undor twenty-one years of age, snch 'l\iIinister shall not issue su.ch certificate uni;il tile expil.n-l;ion'of fo~xrten L I ~ days . after the receipt by him of such notice of ma,~riage. 13y whom to be solemnized. _1st XV. Before a.ny such certificate as aforesaid shall be issued by any such Dcrlarstiol, to be ,nnrle AXinistei', one of the parti.es intencling marriage of certificate. shall appear personslly before si~cli 31ilister, a11ci shall make a solen111 declarati,on tha't lie or she believes that there is not m y impediment of liilidred or affinity or other lamful llindra,nce tJo the said mayriage, and wlien cither or each of the parties, not being a wido~vey or widow, is under the age of twenty-one yemu, that the consent of the person whose co11sen.t to such marriage is required by law has beeii obta,inecl thereto, or that theye is no person resident in Inclia h a ~ i n g authority to give such consent, as the case may be. YTI. Tlie father, if living, of any party undcr t,rventy-one years of age, CollserLt of parent oy W ~ I C I I[such party not being ][a ][m~iclomer or nlidosv, or ][if ] necessary. the father be dead tlie guardian or guardiaiis of the.person of the party so unclei. agc l&wfully appointecl, or one of them, ancl in case there. be no such guardian then tlie mothey of such party, sliall have aulhority to give coilsent to tlle marriage of such party, ancl sucll consent is hereby required for tlie marriage of such party so under agc, unless there be no person authorized to give such coilsent resident in India, 13y whom to be solemnized. _1st X'V:EI. `77` .hacry person wllosc co>nscnt to 70 lna~~iagc is requil~ed ~:s aforeJV~XY:. ~ICYSOO"S 111x5 l!rohibit issnc of said, 1.s . l~erebg authorized tto pro!li.hit tllc issne of cert.ificatc `by` notic:e. the certYi.ficnte any 14in.ister as 2fo'ol.esaicl, at ally tilve before tlie issue of such ce~tificate, hy- notice in writing to sucil Minister, subscribed ACT No. XXV OF 1864: - - ib subscribed by the person authorized as aforesaid, with his iiame and place of abocle, and his or her character in re'spect of either of the parties, by reason of whicli he or she is so autllorized. XVIII, If any such notice prohibjting the marriage shall be received Minister how to proceed 011 receipt by such ~ ~ ~ i n i s t e r hs aforesaid, he shall not issue of such ]lotice, &c. his certificate, and shall not solemilize the said marriage until he sliall have examined into the m:tter of the s;~id prollil,i%ion, and shall be satisfied that the person prohibiting the said inarriage is not autliorized by law so to do, or until the notice of the said prohibition be witlidrawn by tlie person who gave the same. ==> picture [5 x 7] intentionally omitted <== 13y whom to be solemnized. _1st XIX. When ally Native Christian about to be married takes a llotice of l,roceediugsbeforeissuc of certificate marriage to a Minister of Religion, or applies for 11 the case of Native Christians. a certificate from such Minister, sucli Minister sliall, before issuing such certificate, ascertain whether such Kative Cliristiaii is cognizant of the purport aiid effect of tlie said notice or certificnte, ancl if not, shall translate or cause to be translated the said notice or certificate to such Native Christian in the language of sucli Native Christian, or in some language which he understands. XX. The certificate to be issued by such Minister as aforesaid, may be in the form prescribed by the Schedule (B) to this Form of certificate. Act annexed, or to the like effect. XXI. After the issue of the certificate by sucli Minister of Religion, After issue of certificate, ~narriagc[marriage may be solenlnized between and by tlie ] lnay be soleumnized. parties therein clcscribed accordiilg to such forni or ceremony as sucli Ninister shall see fit to adopt. Provided that it be solemnized in the presence of at least two witnesses. 13y whom to be solemnized. _1st XXII. Whenever a 'marriage is not solenlnized witliili two calendar Ce,.hificate to void if ,llarrriage months after the date of the certificate which sliall not solenlllized within two lllonthr. + llave beell issued by >&llister as afoPcsaid, such certificate and all other proceedings thereon shall be void, aiid no persoil sliall proceed to solemnize the said mamiage until ilew notice shall have been given and certificate thereof issued in the manner aforesaid. XXIII. Provided ACT No. XXV OF 1864. ==> picture [21 x 16] intentionally omitted <== XXIII. Provided that whenever a,ny marriage has been solemnized by a Proof of marriage in accordance with J'linist-er of lleligion ia accoydance with the prothe provisions Of Part I of this Act. visioiis of Part 1 of this Act, it sllall not be necessary in support of such marriage to give any.proof ilz respect of the dwelling of the parties, or of the consent of any person whose conselit is thereunto required by law, or of the notice of marriage, or of the certificate or the translation thereof Tespectively, or ia respect of the llours betn~een m~hich the same may have been solemnized ; 1101' shall any evidence be given to prove t,h e, cont~.s,i*y in m y suit to11 cliing the ~aliciity of such marriage.